Conferences and Supreme Court Family Law Proceedings - Revision history

Nate Russell at 19:59, 25 June 2025

2025-06-25T19:59:05Z

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	{{JP Boyd on Family Law TOC\|expanded = bcsc}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = bcsc}}{{JPBOFL Editor Badge
	\|CoAuthor = [[Iris Turaglio]]		\|CoAuthor = [[Iris Turaglio]]
			\|ChapterEditors = [[Shannon Aldinger]] and [[Julie Brown]]
	}}Case conferences are meetings between the parties to a court proceeding, their lawyers (if they have them), and a judge, usually for purposes relating to the management or settlement of the court proceeding.		}}Case conferences are meetings between the parties to a court proceeding, their lawyers (if they have them), and a judge, usually for purposes relating to the management or settlement of the court proceeding.

Nate Russell at 23:40, 27 March 2025

2025-03-27T23:40:30Z

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	===Settlement conferences===		===Settlement conferences===

	The rules ~~do not~~ require settlement ~~conferences in~~ every ~~court proceeding~~, but the ~~parties can jointly request on, or~~ a judge or associate judge can ~~direct that~~ one ~~be held~~. ~~They are relatively~~ informal ~~meetings~~ between the parties, their lawyers, and a ~~associate~~ judge or judge held ~~pursuant to Rule 7-2 of the~~ [https://canlii.ca/t/8mcr#sec7_2 Supreme Court Family Rules]. ~~They are solely concerned with finding~~ a ~~way to settle~~ the court ~~proceeding~~.		The rules don't require a '''settlement conference''' for every family law case, but you can ask for one by agreement with the other side. You do this by filing a Requisition in Form F17 at the court registry. A judge or associate judge can also order one. A settlement conference is an informal, private meeting between the parties (and their lawyers, if any) and a judge or associate judge. They are held under [https://canlii.ca/t/8mcr#sec7_2 Rule 7-2 of the Supreme Court Family Rules]. The goal is to explore a settlement of the court case without going to a full trial.

	~~Settlement conferences, like JCCs, are private and are~~ held in ~~courtrooms that are~~ closed ~~to the public. Only~~ the parties and their lawyers ~~are allowed to~~ attend ~~the conference~~, unless ~~the parties and the judge all agree that~~ someone else ~~can be present~~. ~~They are held on a~~ confidential, off-the-record ~~basis~~, so ~~that nothing said in the settlement conference~~ can be used against anyone later ~~on, like at an application or at trial~~. ~~This said~~, ~~a recording is taken at~~ the ~~conference, so if~~ there is a dispute ~~or an appeal about~~ what ~~the parties~~ agreed ~~to, a transcript can be ordered~~.		A settlement conference is held in a closed courtroom — only the parties and their lawyers can attend, unless everyone agrees to allow someone else in. Everything said is confidential and off the record, so it can't be used against anyone later if settlement doesn't happen. However, the court does record the session in case there's ever a dispute over what was agreed.

	~~====Briefs~~, ~~Financial Statements and other preparations====~~		A settlement conference often happens after a Judicial Case Conference, or you can schedule one at any point if a judge or associate judge thinks it might help resolve the issues. If you want a specific judge or associate judge, you can request that, although it isn't always guaranteed. See the BC Supreme Court's [https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/civil/PD-18_Request_to_Appear_Before_a_Specific_Judge_Associate_Judge_or_Registrar.pdf Practice Direction 18 - Request to Appear Before a Specific Judge, Associate Judge or Registrar].

	Updated financial information should be exchanged between the parties before a settlement conference. If the updates are extensive and significant it is helpful to update and exchange sworn Financial Statements as well. If new Financial Statements ~~are prepared~~, ~~they should also be filed in court in advance of the settlement conference so that the judge or associate judge has a chance to read through it.~~		====Briefs, Financial Statements, and other preparations====

	~~It is common practice for parties to exchange briefs prior to a~~ settlement conference. ~~In fact~~, a judge or associate judge ~~who directs~~ the ~~parties to attend a conference may direct that briefs, and possibly fresh Financial Statements, be exchanged beforehand. Briefs are very useful in the context of settlement conferences~~. ~~They:~~		Before the settlement conference, it's important that each side share any updated financial information (for example, recent paystubs or bank statements). If there have been big changes since your last Financial Statement, it's wise to complete and file a new Form F8 Financial Statement so the judge or associate judge knows the latest information.

	~~#force the parties and their lawyers to really think about the legal issues and the facts that relate to those issues~~, ~~about the orders they want the court to make, and how the law does and doesn~~'~~t support the court making those orders;~~		Often, each side will prepare a ''settlement conference brief''. This helps everyone — especially the judge or associate judge — understand the facts and legal points quickly. You can file it at least a week before your conference takes place, and make sure to provide the other side with a copy too. The settlement conference brief usually includes:
	~~#can help to persuade another party that the party filing the~~ brief ~~has a good argument and may, in fact, be right or at least more likely to succeed at trial~~; ~~and,~~
	~~#give~~ the ~~presiding~~ judge or associate judge ~~a really good overview of~~ the legal ~~issues~~ and ~~the relevant law, that they may be able to use when trying~~ to ~~help~~ the ~~parties settle their dispute~~.

	~~There is no specific form~~ of ~~settlement conference brief~~, ~~but~~ the ~~following information is usually really helpful:~~		* Key facts and dates — such as marriage or separation dates, birthdates of children, big moves, or major financial transactions.
			* The issues to resolve — where you outline your position on each topic (e.g. parenting, child support, property division, etc.).
			* Important documents and evidence — expert reports, loan papers, marriage agreements, and so on. You might attach copies or bring extra copies to the conference in case someone needs them.
			* Your position on settlement
			* Relevant law — any legislation or case law that supports your position.

	*'''Key facts and dates:''' Dates of ~~cohabitation~~, ~~marriage, separation and divorce, birthdates of parties and children, and other significant dates, including the dates of things like the purchase and sale of~~ a ~~house, moves, changes in employment~~ or ~~education, and important financial transactions such as inheritances, loans, and purchases.~~		If you have copies of recent appraisals, a "Scott Schedule" (which is a chart or table used by lawyers to organize and compare the parties' positions on property and debt), or expert reports, try to exchange them in advance, and well before the conference. During the settlement conference, each side explains what they want and why. The judge or associate judge may ask questions, point out risks, and offer opinions on how a trial judge might decide, based on similar cases and the facts you've provided.
	*'''List of legal issues:''' Include the issues to ~~be resolved~~ and ~~a description of your position about each one.~~
	*'''List of key documents:''' A list of the ~~documents and other evidence you~~'~~re relying~~ on ~~in support of your position, for example~~, expert reports, ~~marriage agreements, employment contracts, loan documents, wills~~, and ~~so forth~~. ~~You may want to attach copies of any important documents to your~~ settlement conference ~~brief~~, ~~or bring an extra copy to the settlement conference in case the~~ judge or associate judge, ~~or another party~~, ~~doesn’t have theirs.~~
	*'''Key statute and ~~case law:''' Copies of~~ the ~~legislation and case law that~~ you'~~re relying on in support of your position~~.

	~~At the~~ settlement conference~~, each party will have a turn to tell~~ the ~~judge or associate judge their version~~ of ~~the facts~~ and ~~why they want the orders that they want. The judge or associate judge will listen~~ and ~~ask questions and explore settlement options~~. ~~The judge or associate judge may even provide opinions about the~~ likely ~~outcome of the case if it goes to~~ trial ~~based upon the their experience in other cases~~ and ~~what the judge or associate judge knows about the case~~.		Like a JCC, a settlement conference works best when you've given the other side full disclosure of documents and you arrive with a realistic sense of your case's strengths, weaknesses, costs, and risks. If you don't have a lawyer, consider speaking with one beforehand to get advice on likely trial outcomes and costs.

	Also like JCCs, settlement conferences work best when both parties come prepared and have made full disclosure of all the documents they're relying on. In general, the more information that is exchanged before the settlement conference the better. Being prepared also means having a realistic view of the strengths and weaknesses of the evidence that you have to prove your case, and the strengths and weaknesses of the legal arguments you are trying to advance. If you don't have a lawyer with you at the settlement conference, it can be a good idea to speak with one beforehand for a legal opinion about your case and its strengths and weaknesses. It's also helpful to have a ~~sense of the likely cost of taking the matter to trial if you can’t settle it at the~~ settlement conference.		====Scheduling a settlement conference====

	~~People who are well informed about~~ the ~~facts of the case and who have had the opportunity~~ to ~~get legal advice in advance of the settlement conference~~ are ~~more likely to reach~~ a ~~settlement there~~, ~~and save~~ the ~~time~~, ~~expense~~, ~~stress, and uncertainty~~ of ~~continuing~~ the ~~lawsuit through to trial~~.		To schedule a settlement conference date, contact the court registry to learn which dates are available. Agree on a date with the other party, then call the registry to confirm it. Next, complete and file a Form F17 Requisition to reserve that date. There is no filing fee charged for this form. Finally, serve a copy of the filed Form F17 Requisition on the other party by ordinary service.

	~~====Scheduling a settlement conference====~~

	~~To set a date for a settlement conference,~~ you ~~will need to contact the court registry and get~~ the ~~available~~ settlement conference ~~dates. You'll then need to talk to~~ the ~~other parties to select~~ a ~~date on~~ which ~~everyone is available~~.		If you reach an agreement at the settlement conference, the judge or associate judge can record that in a ''consent order'', which becomes legally binding. If you don't agree on everything, you may still resolve some issues, which can make any future steps more simple and less expensive. One way or another, being informed, organized, and prepared increases your chances of reaching a settlement and avoiding trial.

	~~Once~~ you ~~have an agreeable date~~, ~~call the registry~~ and ~~tell them which date you've picked~~. ~~You will then need to fill out~~ and ~~file a Requisition in Form F17 reserving the date. There is no filing fee charged to schedule~~ a settlement ~~conference. You must then serve a copy of your filed Requisition on the other side by ordinary service~~.

	===Trial management conferences===		===Trial management conferences===

Nate Russell at 22:24, 27 March 2025

2025-03-27T22:24:08Z

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	===Trial management conferences===		===Trial management conferences===

	Trial management conferences (TMCs), as the name suggests, are designed to make sure the parties are ready to go to trial. More information about trial management conferences can be found in this chapter, in the section [[~~Family Law~~ Trials in Supreme Court]].		Trial management conferences (TMCs), as the name suggests, are designed to make sure the parties are ready to go to trial. More information about trial management conferences can be found in this chapter, in the section [[Trials and Supreme Court Family Law Proceedings]].

	Part 14-3 of the [https://canlii.ca/t/8mcr#sec14_1 Supreme court Family Rules] deals with TMCs. The TMC must occur at least 28 days before the trial date unless the court orders otherwise.		Part 14-3 of the [https://canlii.ca/t/8mcr#sec14_1 Supreme court Family Rules] deals with TMCs. The TMC must occur at least 28 days before the trial date unless the court orders otherwise.

Nate Russell at 22:19, 27 March 2025

2025-03-27T22:19:13Z

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	}}Case conferences are meetings between the parties to a court proceeding, their lawyers (if they have them), and a judge, usually for purposes relating to the management or settlement of the court proceeding.		}}Case conferences are meetings between the parties to a court proceeding, their lawyers (if they have them), and a judge, usually for purposes relating to the management or settlement of the court proceeding.

	This section discusses ''judicial case conferences'' (JCCs), the most common kind of conference held in the BC Supreme Court — and their uses and limitations. It also talks about ''case planning conferences'' (CPCs) — which are relatively new to BC Supreme Court (since September 2023) — ''trial management conferences (TMCs), and ''settlement conferences'', and provides tips about how you can get the most out of your time and the judge's time at these conferences.		This section discusses ''judicial case conferences'' (JCCs), the most common kind of conference held in the BC Supreme Court — and their uses and limitations. It also talks about ''case planning conferences'' (CPCs) — which are relatively new to BC Supreme Court (since September 2023) — ''trial management conferences'' (TMCs), and ''settlement conferences'', and provides tips about how you can get the most out of your time and the judge's time at these conferences.

	==Introduction==		==Introduction==
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	The four types of case conference held in the BC Supreme Court are ''judicial case conferences'', ''case planning conferences'', ''settlement conferences'', and ''trial management conferences''.		The four types of case conference held in the BC Supreme Court are ''judicial case conferences'', ''case planning conferences'', ''settlement conferences'', and ''trial management conferences''.
	* '''Judicial Case Conferences''': Judicial case conferences, commonly referred to as "JCCs," are held early in a court proceeding (usually before any other applications can be made to the court), and are focused on settlement of any legal issues that can be agreed to early on. This might be short-term arrangements for the support and parenting of children, if the parties can consent. A JCC can also help parties plan the next few steps in the proceeding. The judge or associate judge will document the outcomes of a JCC in a ''case management plan''. JCCs are mandatory in the majority of cases, and by far the most common form of conference in family law cases before the BC Supreme Court.

	* '''Case ~~Planning~~ Conferences''': ~~Case planning conferences, or "CPCs", were introduced~~ in ~~September 2023. Whereas the JCC is focused primarily on exploring settlement options, the CPC is intended~~ to ~~ensure~~ the ~~case moves forward efficiently with firm timelines and requirements. The~~ court ~~can impose procedural orders on its own initiative (whether or not the parties agree~~), ~~including orders respecting disclosure~~ and ~~pre-trial discovery steps. Consent is still required for final orders, and it is not a replacement for interim applications about contested key~~ issues~~. No applications based on affidavit evidence~~ can be ~~heard at a CPC~~. ~~However,~~ the ~~authority~~ of ~~a judge at a CPC to impose procedural orders (e.g. for disclosure~~, ~~shortening timelines, or amending pleadings) makes CPCs potentially quite powerful~~. A ~~CPC~~ can ~~be requested by a party~~ or ~~held at~~ the ~~direction~~ of a ~~judge. If one is scheduled, each party is required to file~~ a ''case plan ~~proposal~~'' ~~which summarizes how they want to handle a range of issues such as discovery of documents, conducting examinations for discovery, obtaining views~~ of ~~a child, dispute resolution procedures, expert witnesses, witness lists~~, and ~~what~~ form of ~~trial to have (e.g. a summary trial, or a regular trial). At a CPC's conclusion, the judge must prepare a ''case plan order'', which is a proper order of~~ the ~~court~~.		* '''Judicial Case Conferences''': JCCs are held early in a court proceeding (usually before any other applications can be made to the court), and are focused on settlement of any legal issues that can be agreed to early on. This might be short-term arrangements for the support and parenting of children, if the parties can consent. A JCC can also help parties plan the next few steps in the proceeding. The judge or associate judge will document the outcomes of a JCC in a ''case management plan''. JCCs are mandatory in the majority of cases, and by far the most common form of conference in family law cases before the BC Supreme Court.

	* '''Settlement Conferences''': ~~These~~ conferences are held when both parties request them, or at the direction of a judge. Settlement conferences are aimed at trying to settle the legal issues in the court proceeding so that trial can be avoided.		* '''Case Planning Conferences''': CPCs were introduced in September 2023. Unlike JCCs which focus on exploring settlement options, the goal of a CPC is to move the case forward with firm timelines and requirements. In a CPC, the judge can make procedural orders on its own (whether or not the parties agree) about matters like disclosure and pre-trial discovery. Final orders still require consent, and CPCs do not replace interim applications for contested issues. No affidavit-based applications can be heard at a CPC, yet a judge's authority to set requirements — for example, demanding certain disclosures, shortening deadlines, or allowing changes to pleadings — can make a CPC quite powerful. Either a judge or a party can request a CPC. Once one is scheduled, each party must file a ''case plan proposal'' covering topics such as document discovery, examinations for discovery, methods of dispute resolution, witness lists (including any expert witnesses), and the type of trial (like a summary trial or a full trial). At the end of the CPC, the judge must issue a ''case plan order'', which is a binding order of the court that doesn't require the signature of parties or their legal counsel.

			* '''Settlement Conferences''': Settlement conferences are held when both parties request them, or at the direction of a judge. Settlement conferences are aimed at trying to settle the legal issues in the court proceeding so that trial can be avoided.

	* '''Trial Management Conferences''': TMCs are only mandatory when 15 or more trial days are booked, where one party won't have a lawyer representing them, or for cases involving ''Divorce Act'' claims where a party wants evidence to be dealt with in French. They are held closer to the end of the litigation process, and are focused on making sure that all of the parties are ready to go to trial.		* '''Trial Management Conferences''': TMCs are only mandatory when 15 or more trial days are booked, where one party won't have a lawyer representing them, or for cases involving ''Divorce Act'' claims where a party wants evidence to be dealt with in French. They are held closer to the end of the litigation process, and are focused on making sure that all of the parties are ready to go to trial.
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	In general, the more information that is exchanged before the JCC the better. People who are well informed about the facts of their case and who have had the opportunity to get legal advice in advance of the JCC are much more likely to reach a settlement at their JCC, and save the time, expense, stress, and uncertainty of continuing the court proceeding.		In general, the more information that is exchanged before the JCC the better. People who are well informed about the facts of their case and who have had the opportunity to get legal advice in advance of the JCC are much more likely to reach a settlement at their JCC, and save the time, expense, stress, and uncertainty of continuing the court proceeding.

	'''Note:''' The BC Supreme Court places ~~a lot of~~ emphasis on ~~JCCS~~. ~~There is an~~ [https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD%20-%2012%20-%20Judicial%20Case%20Conferences%20-%20Litigants'%20Guide%20to%20Judicial%20Case%20Conferences.pdf ~~official~~ JCC guide for litigants] ~~published and updated~~ on the BC Supreme Court website~~, which is quite helpful~~. ~~The guide includes information about~~ the process, and ~~about~~ the ''case management plan'' that ~~results at the conclusion of the JCC~~.		'''Note:''' The BC Supreme Court places significant emphasis on Judicial Case Conferences. You can find a helpful [https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD%20-%2012%20-%20Judicial%20Case%20Conferences%20-%20Litigants'%20Guide%20to%20Judicial%20Case%20Conferences.pdf JCC guide for litigants] on the BC Supreme Court's website. It explains the JCC process, and the ''case management plan'' that a judge or associate judge will prepare.


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	Some or all of the legal issues in a court proceeding may settle at a JCC. Where there are areas of agreement, the judge or associate judge will make an order on those issues with the consent of the parties, called a consent order. Issues that can't be agreed to will be left for further negotiation and, probably, further litigation.		Some or all of the legal issues in a court proceeding may settle at a JCC. Where there are areas of agreement, the judge or associate judge will make an order on those issues with the consent of the parties, called a consent order. Issues that can't be agreed to will be left for further negotiation and, probably, further litigation.

	The court's powers at JCCs are set out at Rule 7-1 and are very broad:		The court's powers at JCCs are set out at Rule 7-1(15) and are very broad:

	<blockquote><tt>(15) The court may do one or more of the following at a judicial case conference:</tt></blockquote>		<blockquote><tt>(15) The court may do one or more of the following at a judicial case conference:</tt></blockquote>
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	<blockquote><blockquote><tt>(s) make any procedural order or give any direction that the court considers will further the object of these Supreme Court Family Rules.</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(s) make any procedural order or give any direction that the court considers will further the object of these Supreme Court Family Rules.</tt></blockquote></blockquote>

	~~The highlights of the powers provided by Rule 7-1(15) are these. The~~ judge or associate judge can:		To summarize, a judge or associate judge can:

	#handle the case conference like a mediator, which really lets the court get into the thick of it, push the parties a bit, and see what they're prepared to agree to;		#handle the case conference like a mediator, which really lets the court get into the thick of it, push the parties a bit, and see what they're prepared to agree to;
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	===Case planning conferences===		===Case planning conferences===
	A case planning conference (CPC) is a fairly new (as of September 2023) procedural step that can be scheduled any time after a JCC has been held. It offers a more hands-on opportunity for the court to guide the progress of a family law case. A ~~CPC~~ can be scheduled by ~~a party~~ obtaining a date from the registry, filing a Form F19.2 Notice of Case Planning Conference, and serving it on the other party. Also, the court may direct that a CPC take place at any time after a JCC has occurred.		A case planning conference (CPC) is a fairly new (as of September 2023) procedural step that can be scheduled any time after a JCC has been held. It offers a more hands-on opportunity for the court to guide the progress of a family law case. A party can scheduled a CPC by obtaining a date from the registry, filing a Form F19.2 Notice of Case Planning Conference, and serving it on the other party. Also, the court may direct that a CPC take place at any time after a JCC has occurred.

	The procedure is contained in Part 7.1 of the [https://canlii.ca/t/8mcr#sec7.1_1 Supreme Court Family Rules]. When a party must serve the Form 19.2 notice depends on whether it is the ''first CPC'' in the case (35 days before the CPC is scheduled) or a ''subsequent CPC'' (7 days notice), but a judge can set a different notice period or the parties can agree to a shorter period. The timeline for serving notice can be shortened by applying to the court using a Form F18.1 Requisition.		The procedure is contained in Part 7.1 of the [https://canlii.ca/t/8mcr#sec7.1_1 Supreme Court Family Rules]. When a party must serve the Form 19.2 notice depends on whether it is the ''first CPC'' in the case (35 days before the CPC is scheduled) or a ''subsequent CPC'' (7 days notice), but a judge can set a different notice period or the parties can agree to a shorter period. The timeline for serving notice can be shortened by applying to the court using a Form F18.1 Requisition.
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	===Settlement conferences===		===Settlement conferences===

	~~Settlement conferences are available in the BC Supreme Court at the request of both parties.~~ The rules do not require ~~that a~~ settlement ~~conference be held~~ in every court proceeding, but a judge or associate judge can ~~order~~ that one be held. They are relatively informal meetings between the parties, their lawyers, and a associate judge or judge held pursuant to Rule 7-2 of the [https://canlii.ca/t/8mcr#sec7_2 Supreme Court Family Rules]. They are solely concerned with finding a way to settle the court proceeding.		The rules do not require settlement conferences in every court proceeding, but the parties can jointly request on, or a judge or associate judge can direct that one be held. They are relatively informal meetings between the parties, their lawyers, and a associate judge or judge held pursuant to Rule 7-2 of the [https://canlii.ca/t/8mcr#sec7_2 Supreme Court Family Rules]. They are solely concerned with finding a way to settle the court proceeding.

	Settlement conferences, like JCCs, are private and are held in courtrooms that are closed to the public. Only the parties and their lawyers are allowed to attend the conference, unless the parties and the judge all agree that someone else can be present. They are held on a confidential, off-the-record basis, so that nothing said in the conference can be used against anyone later on, like at an application or at trial.		Settlement conferences, like JCCs, are private and are held in courtrooms that are closed to the public. Only the parties and their lawyers are allowed to attend the conference, unless the parties and the judge all agree that someone else can be present. They are held on a confidential, off-the-record basis, so that nothing said in the settlement conference can be used against anyone later on, like at an application or at trial. This said, a recording is taken at the conference, so if there is a dispute or an appeal about what the parties agreed to, a transcript can be ordered.

	====Briefs, Financial Statements and other preparations====		====Briefs, Financial Statements and other preparations====
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	* [https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD%20-%2012%20-%20Judicial%20Case%20Conferences%20-%20Litigants'%20Guide%20to%20Judicial%20Case%20Conferences.pdf Litigants' Guide to Judicial Case Conferences] from BC Supreme Court's website:		* [https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD%20-%2012%20-%20Judicial%20Case%20Conferences%20-%20Litigants'%20Guide%20to%20Judicial%20Case%20Conferences.pdf Litigants' Guide to Judicial Case Conferences] from BC Supreme Court's website:
	* [https://supremecourtbc.ca/family-law/before-trial/judicial-case-conference/judicial-case-conference-introduction Judicial Case Conference] information page from Justice Education Society's Online Help Guide for BC Supreme Court		* [https://supremecourtbc.ca/family-law/before-trial/judicial-case-conference/judicial-case-conference-introduction Judicial Case Conference] information page from Justice Education Society's Online Help Guide for BC Supreme Court
	* [~~http~~://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/family_law_orders/Trial_Management_Conference_Order_Picklist.pdf Trial Management Conference Order Picklist] from BC Supreme Court's website		* [https://www.courts.gov.bc.ca/supreme_court/practice_and_procedure/family_law_orders/Trial_Management_Conference_Order_Picklist.pdf Trial Management Conference Order Picklist] from BC Supreme Court's website

	===Links===		===Links===

Nate Russell at 21:49, 25 March 2025

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Nate Russell at 19:19, 24 March 2025

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← Older revision		Revision as of 21:49, 25 March 2025
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	==Conferences in the BC Supreme Court==		==Conferences in the BC Supreme Court==

	The four types of case conference held in the BC Supreme Court are ''judicial case conferences'', ''case planning conferences, ''settlement conferences'', and ''trial management conferences''.		The four types of case conference held in the BC Supreme Court are ''judicial case conferences'', ''case planning conferences'', ''settlement conferences'', and ''trial management conferences''.
	* '''Judicial Case Conferences''': JCCs are held early in a court proceeding (usually before any other applications can be made to the court), and are focused on ~~settling~~ any ~~of the~~ legal issues that can be agreed to~~, getting~~ short-term arrangements for the support and parenting of children ~~set up~~, ~~and planning~~ the next few steps in the proceeding. ~~They~~ are ~~very important, and~~ mandatory in the majority of cases.		* '''Judicial Case Conferences''': Judicial case conferences, commonly referred to as "JCCs," are held early in a court proceeding (usually before any other applications can be made to the court), and are focused on settlement of any legal issues that can be agreed to early on. This might be short-term arrangements for the support and parenting of children, if the parties can consent. A JCC can also help parties plan the next few steps in the proceeding. The judge or associate judge will document the outcomes of a JCC in a ''case management plan''. JCCs are mandatory in the majority of cases, and by far the most common form of conference in family law cases before the BC Supreme Court.

	* '''Case Planning Conferences''': CPCs were introduced in September 2023, and can be requested by a party or held at the direction of a judge~~. CPCs are supposed to help make complex litigation more efficient, however they are a fairly new development, and not at all a step~~. If one is scheduled, each party is required to file a ''case plan proposal'' which summarizes how they want to handle a range of issues such as discovery of documents, conducting examinations for discovery, ~~any plans for~~ obtaining views of a child, dispute resolution procedures, expert witnesses, witness lists, and trial ~~type~~ (e.g. a summary trial, or a regular trial).		* '''Case Planning Conferences''': Case planning conferences, or "CPCs", were introduced in September 2023. Whereas the JCC is focused primarily on exploring settlement options, the CPC is intended to ensure the case moves forward efficiently with firm timelines and requirements. The court can impose procedural orders on its own initiative (whether or not the parties agree), including orders respecting disclosure and pre-trial discovery steps. Consent is still required for final orders, and it is not a replacement for interim applications about contested key issues. No applications based on affidavit evidence can be heard at a CPC. However, the authority of a judge at a CPC to impose procedural orders (e.g. for disclosure, shortening timelines, or amending pleadings) makes CPCs potentially quite powerful. A CPC can be requested by a party or held at the direction of a judge. If one is scheduled, each party is required to file a ''case plan proposal'' which summarizes how they want to handle a range of issues such as discovery of documents, conducting examinations for discovery, obtaining views of a child, dispute resolution procedures, expert witnesses, witness lists, and what form of trial to have (e.g. a summary trial, or a regular trial). At a CPC's conclusion, the judge must prepare a ''case plan order'', which is a proper order of the court.

	* '''Settlement Conferences''': These conferences are held when both parties request them, or at the direction of a judge. Settlement conferences are aimed at trying to settle the legal issues in the court proceeding so that trial can be avoided.		* '''Settlement Conferences''': These conferences are held when both parties request them, or at the direction of a judge. Settlement conferences are aimed at trying to settle the legal issues in the court proceeding so that trial can be avoided.
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	===Judicial case conferences===		===Judicial case conferences===

	Judicial case conferences, ~~usually referred to as "JCCs,"~~ are relatively informal, off-the-record, private meetings between the parties, their lawyers, and a judge or associate judge in a courtroom, held under Rule 7-1 of the [https://canlii.ca/t/8mcr#sec7_1 Supreme Court Family Rules]. JCCs must be held in all ''contested'' family law court proceedings — cases where a Response to Family Claim has been filed — and, in most cases, they must be held before any interim applications can be heard. In fact, Rule 7-1(2) says that "a party to the family law case must not serve on another party a notice of application or an affidavit in support" in support of an application until a JCC has been heard.		Judicial case conferences, are relatively informal, off-the-record, private meetings between the parties, their lawyers, and a judge or associate judge in a courtroom, held under Rule 7-1 of the [https://canlii.ca/t/8mcr#sec7_1 Supreme Court Family Rules]. JCCs must be held in all ''contested'' family law court proceedings — cases where a Response to Family Claim has been filed — and, in most cases, they must be held before any interim applications can be heard. In fact, Rule 7-1(2) says that "a party to the family law case must not serve on another party a notice of application or an affidavit in support" in support of an application until a JCC has been heard.

	Under Rule 7-1(10) and (11), the parties must exchange Financial Statements in Form F8 before the JCC. (The Form F8 Financial Statements must also be filed in court, in <span class="noglossary">advance</span> of the JCC, to give the judge the chance to read through them first.) More information about Form F8 Financial Statements is provided in this chapter in the [[Disclosure and Discovery in Supreme Court Family Law Proceedings\|Disclosure and Discovery]] section.		Under Rule 7-1(10) and (11), the parties must exchange Financial Statements in Form F8 before the JCC. (The Form F8 Financial Statements must also be filed in court, in <span class="noglossary">advance</span> of the JCC, to give the judge the chance to read through them first.) More information about Form F8 Financial Statements is provided in this chapter in the [[Disclosure and Discovery in Supreme Court Family Law Proceedings\|Disclosure and Discovery]] section.
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	A judge or associate judge will discuss how a trial will proceed and what, if any, additional steps must be taken to make sure that the parties are ready for trial, such as exchanging documents and information, organizing experts' reports, or requiring that a views of the child report be prepared.		A judge or associate judge will discuss how a trial will proceed and what, if any, additional steps must be taken to make sure that the parties are ready for trial, such as exchanging documents and information, organizing experts' reports, or requiring that a views of the child report be prepared.

	The parties are normally required to attend the TMC in person, unless they have a lawyer and are available by telephone to speak with their lawyer in the event instructions are needed during the conference.		The parties are normally required to attend the TMC in person, unless they have a lawyer and are available by telephone to speak with their lawyer in the event instructions are needed during the conference.

	==Resources and links==		==Resources and links==

← Older revision		Revision as of 23:01, 24 March 2025
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	{{JP Boyd on Family Law TOC\|expanded = bcsc}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = bcsc}}{{JPBOFL Editor Badge
	\|~~ChapterEditors~~ = [[Iris Turaglio]]		\|CoAuthor = [[Iris Turaglio]]
	}}Case conferences are meetings between the parties to a court proceeding, their lawyers (if they have them), and a judge, usually for purposes relating to the management or settlement of the court proceeding.		}}Case conferences are meetings between the parties to a court proceeding, their lawyers (if they have them), and a judge, usually for purposes relating to the management or settlement of the court proceeding.

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	All case conferences are recorded by the court, but recordings are not made available to anyone, and are not allowed to be used by anyone without a court order.		All case conferences are recorded by the court, but recordings are not made available to anyone, and are not allowed to be used by anyone without a court order.

	==Conferences in the Supreme Court==		==Conferences in the BC Supreme Court==

	The four types of case conference held in the Supreme Court are ''judicial case conferences'', ''case planning conferences, ''settlement conferences'', and ''trial management conferences''.		The four types of case conference held in the BC Supreme Court are ''judicial case conferences'', ''case planning conferences, ''settlement conferences'', and ''trial management conferences''.
	* '''Judicial Case Conferences''': JCCs are held early in a court proceeding (usually before any other applications can be made to the court), and are focused on settling any of the legal issues that can be agreed to, getting short-term arrangements for the support and parenting of children set up, and planning the next few steps in the proceeding. They are very important.		* '''Judicial Case Conferences''': JCCs are held early in a court proceeding (usually before any other applications can be made to the court), and are focused on settling any of the legal issues that can be agreed to, getting short-term arrangements for the support and parenting of children set up, and planning the next few steps in the proceeding. They are very important, and mandatory in the majority of cases.

	* '''Case Planning Conferences''': CPCs were introduced in September 2023, and can be requested by a party or held at the direction of a judge. CPCs are supposed to help make complex litigation more efficient. ~~Each~~ party is required to file a ''case plan proposal'' which summarizes how they want to handle a range of issues such as discovery of documents, conducting examinations for discovery, any plans for obtaining views of a child, dispute resolution procedures, expert witnesses, witness lists, and trial type.		* '''Case Planning Conferences''': CPCs were introduced in September 2023, and can be requested by a party or held at the direction of a judge. CPCs are supposed to help make complex litigation more efficient, however they are a fairly new development, and not at all a step. If one is scheduled, each party is required to file a ''case plan proposal'' which summarizes how they want to handle a range of issues such as discovery of documents, conducting examinations for discovery, any plans for obtaining views of a child, dispute resolution procedures, expert witnesses, witness lists, and trial type (e.g. a summary trial, or a regular trial).

	* '''Settlement Conferences''': These conferences are held when both parties request them, or if a judge ~~has directed one to be held~~. Settlement conferences are aimed at trying to settle the legal issues in the court proceeding so that trial can be avoided.		* '''Settlement Conferences''': These conferences are held when both parties request them, or at the direction of a judge. Settlement conferences are aimed at trying to settle the legal issues in the court proceeding so that trial can be avoided.

	* '''Trial Management Conferences''': TMCs are only mandatory when 15 or more trial days are booked, where one party won't have a lawyer representing them, or for cases involving ''Divorce Act'' claims where a party wants evidence to be dealt with in French. They are held ~~towards~~ the end of ~~a proceeding~~ and are focused on making sure that all of the parties are ready to go to trial.		* '''Trial Management Conferences''': TMCs are only mandatory when 15 or more trial days are booked, where one party won't have a lawyer representing them, or for cases involving ''Divorce Act'' claims where a party wants evidence to be dealt with in French. They are held closer to the end of the litigation process, and are focused on making sure that all of the parties are ready to go to trial.

	===Judicial case conferences===		===Judicial case conferences===
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	Judicial case conferences, usually referred to as "JCCs," are relatively informal, off-the-record, private meetings between the parties, their lawyers, and a judge or associate judge in a courtroom, held under Rule 7-1 of the [https://canlii.ca/t/8mcr#sec7_1 Supreme Court Family Rules]. JCCs must be held in all ''contested'' family law court proceedings — cases where a Response to Family Claim has been filed — and, in most cases, they must be held before any interim applications can be heard. In fact, Rule 7-1(2) says that "a party to the family law case must not serve on another party a notice of application or an affidavit in support" in support of an application until a JCC has been heard.		Judicial case conferences, usually referred to as "JCCs," are relatively informal, off-the-record, private meetings between the parties, their lawyers, and a judge or associate judge in a courtroom, held under Rule 7-1 of the [https://canlii.ca/t/8mcr#sec7_1 Supreme Court Family Rules]. JCCs must be held in all ''contested'' family law court proceedings — cases where a Response to Family Claim has been filed — and, in most cases, they must be held before any interim applications can be heard. In fact, Rule 7-1(2) says that "a party to the family law case must not serve on another party a notice of application or an affidavit in support" in support of an application until a JCC has been heard.

	Under Rule 7-1(10) and (11), the parties must exchange Financial Statements in Form F8 before the JCC. (The Financial Statements must also be filed in court, in <span class="noglossary">advance</span> of the JCC, to give the judge the chance to read through them first.) More information about Financial Statements is provided in this chapter in the [[Disclosure and Discovery in Supreme Court Family Law Proceedings\|Disclosure and Discovery]] section.		Under Rule 7-1(10) and (11), the parties must exchange Financial Statements in Form F8 before the JCC. (The Form F8 Financial Statements must also be filed in court, in <span class="noglossary">advance</span> of the JCC, to give the judge the chance to read through them first.) More information about Form F8 Financial Statements is provided in this chapter in the [[Disclosure and Discovery in Supreme Court Family Law Proceedings\|Disclosure and Discovery]] section.

	In general, the more information that is exchanged before the JCC the better. People who are well informed about the facts of their case and who have had the opportunity to get legal advice in advance of the JCC are much more likely to reach a settlement at their JCC, and save the time, expense, stress, and uncertainty of continuing the court proceeding.		In general, the more information that is exchanged before the JCC the better. People who are well informed about the facts of their case and who have had the opportunity to get legal advice in advance of the JCC are much more likely to reach a settlement at their JCC, and save the time, expense, stress, and uncertainty of continuing the court proceeding.

			'''Note:''' The BC Supreme Court places a lot of emphasis on JCCS. There is an [https://www.bccourts.ca/supreme_court/practice_and_procedure/practice_directions/family/FPD%20-%2012%20-%20Judicial%20Case%20Conferences%20-%20Litigants'%20Guide%20to%20Judicial%20Case%20Conferences.pdf official JCC guide for litigants] published and updated on the BC Supreme Court website, which is quite helpful. The guide includes information about the process, and about the ''case management plan'' that results at the conclusion of the JCC.


	====The purposes of judicial case conferences====		====The purposes of judicial case conferences====
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	#schedule another JCC, which gives the parties the benefit of a continuing non-adversarial process.		#schedule another JCC, which gives the parties the benefit of a continuing non-adversarial process.

	The bit about non-binding opinions is especially important. ~~If my~~ client won't listen to me about the likely outcome of an application or a claim, ~~they'll~~ usually ~~listen~~ to a judge or associate judge!		The bit about non-binding opinions is especially important. From a lawyer's perspective, if their client won't listen to their advice about the likely outcome of an application or a claim, the client usually listens to the judge or associate judge!

	Even if nothing can be agreed upon, however, the judge or associate judge will usually make a series of orders about the next procedural steps in the litigation. This is very helpful as well, and usually helps to push the court proceeding down the road toward trial. Typically, orders about procedural steps include:		Even if nothing can be agreed upon, however, the judge or associate judge will usually make a series of orders about the next procedural steps in the litigation. This is very helpful as well, and usually helps to push the court proceeding down the road toward trial. Typically, orders about procedural steps include: